Monterey County California DUI / DWI Lawyers

After Monterey County, California DUI / DWI arrest, the accused driver is suddenly forced to brave the complexities of the criminal justice system, often for the first time. It's a nerve-wracking and frustrating experience that can be made much easier with the help of an expert lawyer. A skilled local attorney from 1800DUILaws.com can provide the knowledgeable legal representation needed after a Monterey County, California drunk driving arrest.

The prospect of facing a jury in a Monterey County, California DUI / DWI case can seem overwhelming, so it's helpful to thoroughly understand how driving under the influence cases are pursued. Prosecutors rely on four different types of evidence - driving patterns, physical signs of intoxication, field sobriety test results, and chemical tests. Fortunately, all of the prosecutor's evidence can be effectively challenged by an experienced Monterey County, California drunk driving defense attorney.

The defendant's driving patterns before being pulled over are an essential part of a prosecutor's Monterey County, California DUI / DWI case. However, if the arresting officer cites speeding as the reason he or she stopped the accused motorist, the arrest may not be valid. Speeding isn't recognized as a DUI / DWI driving pattern by the National Highway Traffic Safety Administration (NHTSA). An experienced defense lawyer will attempt to suppress evidence gathered during a traffic stop prompted by speeding because the arrest likely lacked probable cause.

The arresting officer also will testify about any physical symptoms of alcohol intoxication, such as red, watery eyes and slurred speech, which were visible in the accused driver. But clearly these so-called physical symptoms of intoxication can be triggered by conditions that have nothing to do with alcohol intoxication, such as illness, allergies, or even fatigue.

The accused driver's performance on a field sobriety test will also be part of the arresting officer's testimony. Field sobriety tests can be effectively challenged because they are notoriously subjective, and whether a driver "passes" or "fails" is based solely on the officer's opinion. A field sobriety test challenge is based on a very simple precept - alcohol intoxication causes mental impairment before physical impairment occurs.

Drivers with a high tolerance for alcohol can mask signs of physical impairment, but mental impairment can never be hidden. Thus, a motorist who exhibited physical problems but no mental impairment couldn't have been legally intoxicated.

Obviously, physical impairment can stem from many conditions unrelated to alcohol use, including illness, injury, and fatigue. A skilled  Monterey County, California DUI / DWI defense attorney can establish that a driver who was physically impaired while being mentally acute could not have been under the influence of alcohol or drugs.

Prosecutors rely heavily on chemical tests of the driver's blood or breath that show a blood alcohol content (BAC) of .08 percent or greater as evidence in drunk driving prosecutions. However, chemical tests are prone to error, and so are the individuals who collect and analyze the samples. An experienced  Monterey County, California DUI / DWI criminal defense attorney will examine every aspect of the accused driver's chemical test to determine the appropriate challenge.

Many effective chemical test challenges stem from a simple concept - blood alcohol levels can rise significantly over a short period of time because the body continues to absorb alcohol after an individual stops drinking. Therefore, a driver who was over the legal limit at the police station could easily have been within the limit when driving.

Refusing to submit to a chemical test can bring additional repercussions after a Monterey County, California drinking and driving arrest. Every state has implied consent laws that require drivers arrested for DUI / DWI to submit to a chemical test to determine BAC. Drivers who refuse chemical tests typically face harsher punishment than those who submit to the test.

The bottom lane in any Monterey County, California driving under the influence case is this - although the prospect of facing a jury may seem daunting, it's in the driver's best interests to fight the charges. A savvy DUI / DWI criminal attorney will employ a proven defense strategy designed to minimize or even eliminate the negative repercussions of a Monterey County, California drunk driving arrest.

Having a skilled defense attorney at the driver's side after a Monterey County, California drunk driving arrest is critical, but finding a good lawyer can be a challenge. That's where 1800DUILaws can help- it's a nationwide network of skilled defense lawyers devoted to protecting accused drunk drivers' rights. 1800DUILaws can assist any Monterey County, California driver accused of DUI / DWI in finding an experienced local defense lawyer who will work hard to mitigate the repercussions of a DUI / DWI arrest.